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MIN OCT 13 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 13, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 13th day of October, 1992, with the following present: HONORABLE: Evelyn M. Lord Mayor Brian R. Alter Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Audwin Samuel* Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk *Councilman Samuel arrived at 1: 35 p.m. during reading of second proclamation. -000- The Invocation was given by Mayor Pro Tem Alter. The Pledge of Allegiance was led by Councilman Moore. -000- Four Proclamations were issued: The "Ladies 3.0 Tennis Team" (Kay Minyard, Laura Assunto, Charlene Babineaux, Fran Gregoryck, Kay Kilpatrick, Gracelyn Miller, Kathy Shelander and Beth Wheeler) were recognized for admirably representing our community at the National Tennis Competition and achieving Fourth Place honors for their athletic achievement; "Sanfred N. Olson, " was recognized for contributing his time and finances as a special parent volunteer at Regina Howell, Sallie Curtis and Price Elementary Schools training children in the area of computer technology; "Columbus Day, " October 12, 1992 ; and a special tribute to "Maurine Gray" for her achievements and contributions to the library system and congratulations for the distinguished honor of being selected as "Library Director of the Year. " -000- Citizen comment was invited on the Consent and Main agendas. No one wished to address these subjects. -231- October 13 , 1992 Y The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held October 6, 1992 ; Resolution No. 92-288 appointing Dee Richard Chavis as an alternate to the Zoning Board of Adjustments for a term expiring September 30, 1993 ; Josh Allen to the Rehabilitation Board of Adjustments and Appeals for a term expiring May 31, 1994; Carla Nonette, Irish Williams and Clifton Guillory to the Parks and Recreation Advisory Committee for terms expiring June 30, 1994; Jamil Abdul-Jabbar to the Keep Beaumont Beautiful Commission for a term expiring September 30, 1994; Velina Haynes Johnson to the Sister City Commission for a term expiring December 31, 1994 ; Dr. Debra Williams to the Commission for Prevention of Child Abuse and Neglect for a term expiring June 30, 1994; and W. W. "Sonny" Poole to the Mayors Committee on Employment of the Disabled for a term expiring June 30, 1994; and reappointing Kevin Full and William Lucas as alternates to the Zoning Board of Adjustments for terms expiring September 30, 1994; Clayton Weeks and Ben Hughes to the Senior Citizen Advisory Committee for terms expiring September 30, 1994 ; Jeannie Mitchell, David Fisher, and Dr. Tom Nelson to Keep Beaumont Beautiful Commission for terms expiring September 30, 1994 ; William F. Jones to the Rehabilitation Board of Adjustments and Appeals for a term expiring May 31, 1994 ; George R. Way, Sr. to the Airport Advisory Committee for a term expiring May 31, 1994 ; Susan Spindor to the Commission for Prevention of Child Abuse and Neglect for a term expiring June 30, 1994 ; Sandra Clark and Patsy Clapper to the Community Development Advisory Committee for terms expiring May 31, 1994 ; Victoria Price and Paul Mattingly to the Sister City Commission for terms expiring December 31, 1993 ; and Ron Switzer to the Convention and Tourism Advisory Committee for a term expiring September 30, 1994 ; Resolution No. 92-289 rescinding action of Resolution No. 92-273 and authorizing Change Order No. 3 (milling of existing asphalt pavement on College Street from Goliad to 4th Street and reflect only actual quantities used) in the amount of $15, 769.44 and final payment in the amount of $130,741.87 to Bo-Mac Contractors, Inc. for a total project cost of $2 , 116, 100. 39 for the 1991 Street Rehabilitation Program-- Reconstruction and Overlay; Resolution No. 92-290 (correcting Resolution No. 92-280) to grant the donation of a 50 , drainage easement out of the A. Savery Survey for a distance of 4, 665 feet adjacent to the westerly property line of the Beaumont Municipal Airport to Jefferson County Drainage District No. 6; and Resolution No. 92-291 authorizing a property tax refund in the amount of $1, 644. 50 to Gary L. Cantue for property sold in error in the May, 1992 Sheriff sale (Account No. 207106-000100, P1A6J McFaddin, 1114-58 Forrest; 1073-95 Miller & 1054-98 Ashley; 11115-53 Stephenson) . -232- October 13 , 1992 u The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -000- Resolution No. 92-292 authorizing renewal of an annual IBM maintenance agreement for the City's mainframe computer and terminals (180 computer items, including display stations, printers, modems, processors, magnetic tape and display units) in the amount of $51,441. 00 effective October 1, 1992 through September 30, 1993 was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 92-293 authorizing a one-year renewal contract in the amount of $45,937.25, plus reimbursable expenses not to exceed $4, 000. 00, effective November 1, 1992 through October 31, 1993, with Carolyn Chaney to act as the City of Beaumont's Washington Assistant by reviewing federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations, and monitor other Washington developments which could impact Beaumont's policies or programs was considered. Councilman Moore said that over the past nine years, this investment has provided a great return to the City of Beaumont in tangible goods and real dollars coming back to the community. Mayor Lord confirmed the need for pointing out that real dollars have come back to the community that far out-weigh the contract with Carolyn Chaney. Resolution No. 92-293 was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Councilman Smith reported that "Sunday in the Park" was graced with gorgeous weather, invited everyone to visit the new addition to Riverfront Park, and congratulated the Parks Division for this very fine addition. Councilman Goodson complimented the Texas Municipal League Staff for presenting a quality TML meeting, and said he came back with a lot of good ideas and information. -233- October 13 , 1992 tl Councilman Cokinos questioned and expressed concern for adherence to Article III, Section 12 of the City Charter relative to designating independent auditors for this fiscal year. Mr. Riley reminded Councilman Cokinos that Coopers and Lybrand were appointed by Council about two months ago to perform this audit, and said they have already commenced the audit and will submit a report to Council in January. Mayor Pro Tem Alter reported that on behalf of the Mayor, he was privileged to deliver a Proclamation to Saint Elizabeth Hospital for Central Services Day and to the Texas Recreational Vehicle Association who held an entertaining party with everyone dressed in Mardi Gras costumes. Councilman Samuel said among weekend activities, he attended a Knights of Peter Claver activity with representation from all over the state and said he also received a lot of good information from the TML Conference and was especially impressed with the session relating to gangs and drugs and moderated by Councilman Moore. He said this session was one of the largest in attendance, and that he was proud of Beaumont's representative. Councilman Moore said he had the opportunity to team up with Councilman Samuel, who failed to mention that he was the keynote speaker, Saturday night (Knights of Peter Claver) . He said it was not a long speech, but very effective. Councilman Moore thanked Council, the Community Band, Red Cross, and Fire Department, and Congressman Brooks for participating in the Rediscover South Park celebration last Saturday. He said it was a really fun day at Alice Keith Park, and the residents were very pleased. He said that the most significant aspect of moderating the session at TML was the fact that Beaumont was not kept a secret, and that we are on target with, or ahead of, the information presented because of the information received from our Washington Assistant. In addition, he said that as a member of the Audit Committee for choosing auditors, he appreciates Councilman Cokinos' concern, and that putting this in place was one of their concerns. He said they worked very hard to initiate numerous safeguards to prevent any occurrence that would cause Council or City Staff to look unfavorable in the site of the public, and that the program has been tested and he feels very comfortable with the committee selection and competency. Mayor Lord complimented Councilman David for promoting a successful picnic and day of fun at the Rediscover South Park activities and said he was very much appreciated in that area. Councilman Lord announced that another Moccasin Program event is scheduled tonight at the Civic Center and invited everyone to join with her and other citizens for an evening of sampling ethnic food, singing and dancing in an effort to learn more about each other. -234- October 13, 1992 Mr. Herman Rogers, 3006 Bolivar, addressed Council to thank them for the privilege of serving on the Community Development Block Grant Committee. Mr. Rogers reflected on his many years of service on that committee by enumerating the various committee members with whom he served and the sacrifices made by some members to be a part of this group. He said the lone survivor of that committee has been change, and with change comes new opportunities. Councilmembers thanked Mr. Rogers for his years of dedicated service and expressed confidence in his leadership. Mr. Joe B. Wilson, 1855 Euclid, addressed Council to request additional time to rehabilitate a building at 3910 Avenue at Brockman. He relayed to Council the various delays in rehabilitating the structure, including a sale and forfeiture, misunderstandings and failure to receive notice from City. Mr. Wilson said the structure is about 90% rehabilitated and asked for additional time to complete the work. The City Manager said Staff would review the situation and contact Mr. Wilson. -000- Councilman Samuel informed Council and the Legal Department Staff that he attended a meeting of the Attorney General 's Municipal Committee and was given the impression that Council should not interact with citizens at the Citizen Comment portion of City Council meetings due to posting regulations and asked for a legal opinion. City Attorney Lane Nichols said he would research the law regarding that question. Councilman Smith asked Council to consider a change in "Sunday in the Park" activities for next year. She said it is difficult to retain the attention of the younger children during the reading session at the beginning of the activities and asked Council to rethink an opening. Also, Councilman Smith commented on the dump truck activity to the sand pits again on Plant Road and expressed concern about citizen reaction. Mayor Pro Tem Alter reported that "Clean Sweep" efforts were very successful last Saturday with approximately 300 volunteers. He said this was the second full-scale cleanup endeavor of the year. -000- There being no further business, the Regular Session of City Council was recessed to reconvene in Workshop Session. -000- -235- October 13, 1992 I. Barbara Liming, Deputy City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the Regular City Council Session held October 13, 1992 . Barbara Liming Deputy City Clerk -236- October 13, 1992